International Law Studies – Volume 16
International Law Topics: Neutrality Proclamations and Regulations with Notes
U.S. Naval War College (Editor)
Hague Convention Rules.
15
CHILE.
Note of the ]iinister of Foreig·n Relations to the l.Iin·ister of Inte-rior on the ·application of the rules of 1ueutrality established by the Second Conference of The llague. A1-tgust 7, 1914.
[Revue Generale de Droit International Public, Doc. 23: 7.]
SANTIAGo, August 7, 1914. To the :MINISTER oF INTERIOR :
The rules which ought to be observed by the Chilean authorities relative to neutrality in the European war are those established on this subject by the Second Conference of The Hague. The Convention of The Hague ought to be followed, even though they have not been ratified by the GoYernment of Chile, it being under-stood that they are declaratory of the principles of international law universally recognized.
Note of the :J1ini8ter of Foreign Relations to the l.Ii·nister of 1Var and Navy on the application in matters of neutrality of the general principles of international law and especially of the rules of the Na.val Declaration of London of February 26, 1909. August 5, 1914.
[Rev. Gen., Doc. 23: 7.]
SANTIAGO, August 8, 1914. To the l\iiNISTER oF
'v
AR AND NAvY :The services under the supervision of the minister of war and navy ought, in the European war, to observe neutrality conform-ably to the general principles of international law.1
Rules concerning rnaritime war which should be observed for the surveillance of vessels found in the territorial wa.ters of Chile. August 14, 1914.
[Rev. Gen., Doc. 23: 7.]
l\1INISTRY OF FOREIGN RELATIONS, Santiago, August 14, 1914. To the MINISTER oF WAR AND NAVY:
With reference to my confidential note, No. 57, of the 8th instant, in which I request your excellency to be kind enough to instruct the authorities under your cognizance, and especially those of a maritime nature, to proceed to the enforcement of the neutrality declared by Chile in the state of war 'vhich exists in
16
Neutrality Rules, 0 hile.
Gennany, France, Belgiu1n, Great Britain, Russia, and to \Vhich Austria should now be added, I beg to indicate to your excellency the regulations which, in accordance with the principles of inter-national la \V and especially those relating to maritime 'var, should be adopted regarding the surveillance of vessels anchored in national \Vaters, to the end that, upon the order of your excel-lency, the said authorities should see that they are carried out.
1. All vessels at anchor in Chilean ports or which navigate in the national territorial waters may be obliged to submit to the inspection of their papers by the Chilean authorities, which may, whenever they deem it necessary, according to the rules which are hereafter specified, proceed ane'v to the inspection of the vessel, of its passengers, of its cargo, and of its documents. In consequence, the clearance of any vessel can not be authorized, whatever its cargo and whatever its destination, until the ship has presented complete manifests.
2. Permission to depart will be given to no merchant vessel which has altered or tried to alter its
status,
if there is reason to believe that the vessel has intended to transform itself into an auxiliary cruiser or an armed vessel in any degree whatsoever. The following acts will be considered as furnishing a presump-tion of change ofstatus:
(a) To alter the location or position of guns \Vhich are on board the vessel at the time of its arrival; to change the color, the rigging, or the equipment of the vessel in a manner to create a presumption that this change has an object relating to military operations ;
(b) To embark guns, arms, or munitions in the circumstances which indicate adaptation of the vessel to military ends;
(c) To refuse to take on board passengers when the vessel pos-sesses suitable accommodation for them;
(d) To load abnormal quantities of coal.
3. The maritime authorities should demand of foreign consuls who vise the papers of vessels a declaration in reference to the character of the vessel, stating whether it is a question of a mer-chant vessel engaged in the transport of merchandise and passen-ger~, or whether it forms a part of the arn1ed forces of the nation to which it belongs. In this latter case the vessel will be
\Yarned that it must depart after twenty-four hours and with coal only sufficient for the journey to the nearest port of its nation.
4. No belligerent vessel of war can prepare for operations of war in the jurisdictional waters of Chile or proceed to the ob-servation of the vessels of its adversaries in the same waters.
5. No belligerent vessel of war can leave a port of Chile until there has elapsed a period of 24 hours since the departure of an enemy vessel of war from the same port.
Surveillance of Vessels.
17
weather, lack of provisions or in case of necessary repairs; in these cases effort will be made to leave the port as soon as pos-sible after the expiration of the 24-hour period, and no permis-sion will be given to take on more supplies than are indispensable for immediate necessities. As to repairs, the following rules will be observed: The vessel can not remain in Chilean waters more than 24 hours after the completion of the said repairs. If an enemy vessel has departed during this 24 hours the other will remain in the national ·waters until a new interval of 24 hours has elapsed.
7. No belligerent vesser can load, in Chilean waters, anything except provisions and the objects necessary for the subsistence of its cre\v, nor a quantity of coal greater than that stipulated in rule No.3.
8. The use of radio telegraphy is forbidden to all merchant vessels during their sojourn in the Chilean waters. To render this prohibition effective it will be convenient to dismantle the apparatus designed for this system of telegraphy.
If possible, some vessels of the national fleet Inight be stationed in the principal ports of the Republic to assure the observance of these rules of neutrality, that is to say, to prevent the vessels .which, according to the said rules should not depart from Chilean
waters, from doing so surreptitiously.
In general, the ministry believes that if any of the provisions noted should be difficult to carry out, in ·whole or in part, by the vuthorities charged therewith, it would be advisable to do so as far as possible within the means at their disposal, in order that our intentions of neutrality may be made clear.
In case any doubt should arise in the application of the prin-ciples of international law, the undersigned ·will hasten to secure the necessary decision in the matter.
'rhe Government of the United States has issued similar regu-lations to those contained in this note, regarding the observation of neutrality in maritime war.
God guard your excellency.
E. VILLEGAS E.
Declaration of the ]![inistry of Foriegn Relations on the subject of the supplying of coal to belligerent vessels of 'War in Ohilea·n ports. October 14, 1914.
[Rev. Gen., Doc. 23: 10.]
SANTIAG<?, October 14, 1914. MINISTRY OF FOREIGN RELATIONS :
In reference to the application of article 19 of convention xiii of The Hague of October 18, 1907, on the subject of the supplying of coal to belligerent vessels of war in neutral ports, it is neces-sary to imply by " the nearest port of its own country" of which article 19 m~kes mention, a port of the mother country and not a colonial port.
18
Neutrality
Rules, 0 hile.
Instructions for the .office of the director of maritinw territory of Chile in 'reference to Tadio comn~~tnication by vessels in the terri.torial and interior ~vaters of Chile. October 14, 1914.
[Rev. Gen., Doc. 23: 10.]
SANTIAGO, October 1·4, 1914. 1. All vessels provided with radio appar.atus \Vithout distinc-tion of nationality, \Vhich navigate in our territorial waters or are at anchor in our ports are forbidden to use the said ap-paratus.
2. When arriving in a port or roadstead, these vessels ought to dis1nantle their antennre, breaking their connection with the gear and ~pparatus, as soon as they have been received by the maritime authorities, who will personally see to the strict accom-plishment of this order, by proceeding immedi.ately to affix their seals and stamps on the doors, \Vindows, skylights, and other wnys of access to the place in which this apparatus is located.
3. All national or foreign vessels \Vhich remain in a port more than four days will remove their antennre, which will be kept in the same place as the apparatus of the radio station, observing the same instructions for sealing the "rays of access to this place.
4. The maritime authorities will report to the office of the director of maritime territory on the accomplishment of the pres-ent instructions, not forgetting that their nonacc01nplishment may compromise the neutrality of the country.
Order of the ]faritime Governments in reference to radio com-ntunicaUon by vessels in the territorial and interior waters of Chile. October 1'5, 1914.
[Rev. Gen., Doc. 23: 10.]
PuNTA ARE~As, October 15, 191'4. Upon this date there has been received from the director of the Maritime Territory the following telegram:
"In addition to sealing and stamping the places in \Vhich radio apparatus is located, please order the lowering and disconnecting of the antennre fro1n the halyards and radio apparatus of all steamers with radio installations, upon arriving at Chilean ports. Steamers that remain 1nore than four days in port ought to de-liYer their antennre to the maritime .authorities until the day of their departure, giving account by telegraph to the office of this director. -SIMPSON."
I transcribe this for your knowledge, requesting you to please order the captains as soon as possible to lower and disconnect the antennre from the halyards and radio apparatus and immediately to advise this maritime govern1nent in order to bring then1 ashore.
Salutes you attentively,
(Seal of the Governacion Maritima de Mn.gallancs.) CoNsUL oF THE UNITED STATES oF NoRTH AMERICA.
Present.
Supply of Coal.
19
Note from the office of the Director General of the Army to the Jfinistry of lVar and Navy proposing measures for preventing the excessive supplying of coal to belligerent merchant vessels in Chilean ports. Novem,ber 2, 1914.
[Rev. Gen., Doc. 23: 10.]
SANTIAGO, No.vember 2, 1914.
1. Every merchant vessel of belligerent flag carrying freight or passengers, or only freight or sailing in ballast, can take on coal, allowing 20 per cent for· accidents, necessary to carry it to Callao or to l\1ontevideo, according to the route which it takes (that is to say, according to whether its route is north or south of Chile).
2. If one of the vessels to which the preceding article refers happens to touch at another port of Chile to again take on coal or supplies under pretext that the fuel which it carried has been taken by a vessel of war, it will not be permitted to take an amount of coal greater than that necessary for its service.
3. Vessels of neutral flag, '\Vhether or not they carry passengers and freight, can take on coal necessary to take them to their port of destination.
Decree of the Government of Chile as to 'What should be consid-ered the jurisdictional waters of Chile ~n reference to neutral-ity. Noventber 5, 1914.
[Rev. Gen., Doc. 23: 11.]
No. 1857. MINISTRY oF FoREIGN RELATIONS,
Santiago, Noventber 5, 1914.
Considering that, although it is true that the laws of the Repub-lic have determined the limits of the territorial sea and of the national domain, and the distance to which extend the rights of police in all matters. concerning the security of the country and the observance of customs la,vs/ they have not fixed the maritime zone in reference to the safeguarding of the rights and the accom-plishment of the d1fties relatiYe to the neutrality declared by the Government in case of international conflicts; and that it is proper for sovereign states to fix this zone:
It is decreed:
The contiguous sea, up to a distance of 3 marine miles counted from the low-water line is considered as the jurisdictional or neutral sea on the coasts of the Republic for the safeguarding of the rights and the accomplishment of the duties relative to the
1 Art. 593 of the Civil Code used the following terms : " The conti
20
Neutrality Rules, Chile.
flleutrality declared by the Govern1uent in case of international
·conflicts.
Let it be noted, co1nmunicated, published, and inserted in the :.Bulletin of the La,vs and Decrees of the Government.
BARROS Luco.
l\1ANUEL SALIN AS.
'Circular of the naval authorities of Chile to the consuls and to the agencies of navigation cotnpanies, indicating the tneasures authorized by the jjfinistry of jJJarine for tJreventing the exces-sive supplying of belligerent tnerchant vessels in the ports of Chile.. Novetnber 7, 1914.
[Rev. Gen., Doc. 23: 11.]
VALPARAISO, Novetnber 7, 191'4. In order to prevent the continual complaints '\Vhich have been 'Presented to them in reference to the moven1ents and supplies of belligerent merchant vessels, the naval authority has been authorized by the Government to demand of the agents of the respective companies, and of the consul of the nation to 'vhich the vessel in question belongs, a guaranty that these 'viii furnish neither coal nor provisions to belligerent vessels of war, and the maritime authorities are required to execute this order as a first condition for the departure of the said vessels.
This resolution is by the present circular brought to the knowledge of the consuls and agents of the vessels in question, by requesting them, before co1nmencing formalities for the
de-·parture of a vessel, to guarantee by a formal 'vritten declaration that the provisions and coal which it has just taken on will be
·employed exclusively for their proper purposes and that the de-parture of the said vessel has no other object than that of con-tinuing its voyage with a purely com1nercial end.
At the same time, 'varning is given that the penalty against companies to which a vessel belongs who violate the above en-gagements will be thereafter to refuse all kinds of supplies and
fuel to all vessels of the said company.1
Circular of the office of the general director of telegraphs of Chile in reference to ordinary telegraphic comtnunication. November 1.3, 1914.
[Rev. Gen., Doc. 23: 11.]
SANTIAGO, Novetnber 13, .1'914. The transmission of telegrams in a conventional or cipher Ian .. guage is forbidden. Telegrams in clear language, written in 'Spanish, German, French, English, Italian, or in Portuguese, will
Territorial
lV
aters.
21
be accepted whenever they do not tr.ansmit news relative to the situation, to the movetnents, or to the operations of vessels of war of belligerent nations. Telegrams of diplomatic and consular agents will be excepted from this restriction. In case of doubt as to the contents of telegrams written in foreign languages, the inspection office will be consul ted.
Note of the l.finister of Foreign Relations to the diplomatic agents of the belligerent pozcers in referenee to the eon~plaints
they n~ay have to n~ake coneerning the violation of Chilean neu,trality. November 16, 19L'J.
[Rev. Gen., Doc. 23: 12.]
1\fiNISTRY OF FOREIGN RELATIONS, Santiago, November 16, 1914.
We desire that the diplomatic representatives of all the bel-ligerent po,vers, in formulating their complaints on the violations of the rules of neutrality, indicate so far as possible the source of· the information which serves as a base of these. complaints. This measure will permit of proceeding with greater rapidity in the investigation and consequently of taking in time the course which each case may require.
Deeree 1 of the Government of Chile as to what should be con-sidered as a jurisdictional sea of Chile in the southern part of Chile, especially in the Strait of 3Iagellan. December 15, 1911.·
[Rev. Gen., Doc. 23: 13.]
No. 1986. SANTIAGO, Decen~ber 1.5, 191.1.
Considering that the Strait of 1\fagellan as well as the canals of the southern region lie within the international limits of Chile, and consequently form part of the territory of the Republic~
It is decreed:
In reference to the neutrality established in the decree No-.. 1857 of November 5 last of the ministry of foreign affairs, the interior waters of the Strait of l\fagellan and the canals of the· southern region, even in the parts \Vhich are distant more than 3 miles from either bank, should be considered as forming part of the jurisdictional or neutral sea.
Let it be noted, communicated, published, and inserted in the-Bulletin of the Laws and Decrees of the Government.
BABROS Luco.
MANUEL SALIN AS.
1 This decree was brought to the notice of the Argentine Government by
22
Neutrality Rules, 0 hile.
Decree of the Govern1nent of Chile relative to the furnishing of fuel to the vessels of 'war of belligerent countries and to ?ner-chant vessels in the ports of Chile. December 15, 1914.
[Republica de Colombia. Informe del Ministerio de Relaciones Exteriores al Congreso de 1915, p. 33, Rev. Gen., Doc. 23: 13.]
No. 2009. SANTIAGO, Decentber 15, 1911,.
Con.sidering: That convention xiii of The Hague, relative to the rights and duties of n~utral powers in case of maritime 'var, provides, in article 19, that belligerent vessels of war can take on fuel in neutral ports in quantities sufficient to carry them to the nearest port of their own country and adds, in article 20, that these vessels can not rene'v their supply of fuel for a period of three months in a port of the same po,ver;
That these provisions, as 'veil as others of the convention cited, indicate the fundamental object of preventing neutral powers from cooperating, directly or indirectly, in the ac-ts of belligerents and of restricting vessels of war to procuring from neutral ports only the supplies necessary to carry them to the shores of the country to 'vhich they belong;
That the application of these rules in the ports of the Republic produces results obviously contrary to the spirit 'vhich animates all the provisions of the above-Inentioned conventions, since be-cause of the great distance 'vhich separates our coasts from bel-ligerent countries, the supply of coal 'vhich 111ight be given to vessels of war is very considerable and that ·thus these vessels profit by the advantages 'vhich these circu1nstances give them, by not directing their course toward the_ coasts of their own country, but by continuing their belligerent operations in the A1nerican seas;
That in this manner the provisions cited have the effect of actually increasing the activity of Inaritime 'var in the Pacific Ocean contrary to the 'vish and the interests of Chile ;
That for the same reason the consequences of the European conflict are felt more intensely in our country, since to the dis-turbances brought to its international commerce and its economic and industrial life, are added the inconveniences resulting from the accomplishment of the duties of neutrality and of the sur-veillance of our coast, to an extent 'vhich absorbs the activity of our maritime authorities and imposes on the public treasury con-siderable expense;
That the same convention xiii, in paragraph 5 of the preamble, reserves to the signatory countries the right to change the pro-visions, in the course of a war, when the experience acquired from it demonstrates the necessity for safeguarding their rights;
Supply of Fuel.
23
to reach the first port of the nearest neutral; for vessels supplied under these limited conditions could not venture upon warlike operations without running the risk of finding themselves without power of locomotion on the high seas ;
That the fact of our country being a producer of coal leads
belligerent vessels to supply themselves with fuel in our ports more than in those of other countries in the same position, a consideration which imposes, especially upon the Government of Chile, the moral obligation of preventing the abuse which might arise in the future through the supplying of coal in its ports;
That it is necessary to adopt in case of the violation of neu-trality by merchant vessels a sanction which by its gravity would directly induce the ship companies to observe completely the rules published by the Government;
That finally it is necessary to find some means of diminishing so far as possible the expenses which are imposed upon the Gov-erntnent for the surveillance of vessels interned in the ports of the llepublic for violations of neutrality or because their pro-prietors have voluntarily permitted it;
It is decreed:
1. In the future the supplies of coal which vessels of w.ar of belligerent nations can take successively in Chilean ports should not exceed the quantity necessary for reaching the first coaling station of a neighboring country.
2. In case of violation by a merchant vessel of any of the rules on the observance of neutrality adopted by the Government of the Republic, no more fuel will be allowed in Chilean ports to any vessel of the company to which the vessel cmnmitting the offense belongs.
3. Vessels interned by the decision of the Government because of a violation of neutrality and those whose proprietors manifest the intention of retaining them in the Chilean ports until the end of the war will be concentrated in the Chilean ports which the administrative authority shall determine in each case.
4. The atnount of coal which may be delivered in the ports of the Republic to merchant vessels will be limited to the capacity of their ordinary coal bunkers, unless they desire to make a voyage directly toward some European port, in which case they will be given the quantity of coal necessary for this voyage pro-vided the company to which the vessel belongs furnishes a guar-anty sufficient in the judgment of the Government, that the fuel will be used only to complete the voyage in question.
The preceding provisions will be applicable in the entire terri-tory of the Republic beginning the first of next month.
Let the present decree be taken note of and let it be communi-eated, published, .and inserted in the Bulletin of the Laws and Decrees of the Government.
BARROS L uco.
I
24
L
Veutrality Rules, Chile.
Instructions of the ltfinister of Foreign Relations in reference to the supplying of coal to belligerent vessels of war in the ports of Chile. December 17, 1914.
[Rev. Gen., Doc. 23: 15.]
l\1INISTRY OF FOREIGN RELATIONS, Santiago, Decmnber 17, 1914. The director general of the marine should bring to the atten-tion of all the maritime authorities of the Republic the dates upon which supplies of coal have been furnished in the ports of Chile to belligerent vessels of war. The maritime authorities of the different ports ought on their part to communicate by dis-patch to the office of the director general of the marine all the deliveries of coal made to the said vessels of war.
Decree of the Go,;ernntent of Chile in reference to ordinary and radio telegraphs and telephones. December 30, 1914.
[Rev. Gen., Doc. 23: 15.]
MINISTRY OF THE INTERIOR,
No. 6364. SECOND SECTION,
Santiago, December 30, 1914. In view of the precedents and considering that, in accordance with the Radio Conference of London, July 5, 1912,1 radio offices not authorized by the Government may not exist in the territory of a State:
Considering that Chile signed the fifth convention of The Hague relative to the rights and duties of neutral powers in case of war:
In view of articles 3 and 9 of the said convention, which provide as follows:
ART. 3. Belligerents are likewise forbidden to :
(a) Erect on the territory of a neutral power a wireless telegraph station or other apparatus for the purpose of communicating with belligerent forces on land or sea:
(b) Use any installation of this kind established by them before the war on the territory of a neutral power for purely military purposes, and which has not been opened for the service of public messages.
ART. 9. Every measure of restriction or prohibition taken by a neutral power in regard to the rna tters referred to in articles 7 and 8 must be impartially applied by it to both belligerents.
A neutral power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.
It is decreed:
1. The intendants and governors of the Republic will proceed to dismantle telegraph, telephone, and radio apparatus, whether or not designed for public service, whose installation has not been duly authorized.
Supply
of Food.
25
2. Telegraph, cable, and radio companies belonging to the State or to individuals can not in the future and until a ne'v order accept for transmission communications written in a cipher or conventional language.
3. Communications addressed by the diplomatic agents accred-ited to the Republic and those which banks exchange between their various branches 'vill be excepted. The key to the language should, ho,vever, be previously communicated to the office of the Director General of Telegraphs.
The only communications which can be transmitted are those clearly written in German, Spanish, French, English, Italian, and Portuguese, and 'vhich give no information on the situation, the movements or the operations of vessels of the belligerent nations. Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government.
BARROS L uco.
PEDRO N. 1\loNTENEGRO.
Note of the llfinister of Foreign Relations to the ]!inister of "lVar and Navy in reference to the supplying of belligerent vessels of 'War in the waters of Chile. Janua.ry
4,
1915.[Rev. Gen., Doc. 23: 15.]
l\frNISTRY OF FOREIGN RELATIONS, Santiago, January
4,
1915. Article 19 of convention xiii of The Hague authorizes belligerent vessels of war to revictual in neutral ports and roadsteads only to complete their normal supplies in time of peace; consequently, the supplies should be calculated by considering the current con-sumption of the crew in such a manner that if a belligerent vessel which has received, in a Chilean port, supplies for a certain num-ber of days returns to another Chilean port, it can not receive a new supply of provisions before the period has expired which formerly served as a basis for the supplying of provisions.Note of the Minister of Foreign Relations to the ]!inister of lVar and Navy in reference to complaints on the violation of Chilean neutrality. January 12, 1915.
[Rev. Gen., Doc. 23: 16.]
MINISTRY OF FOREIGN RELATIONS, Santiago, Jan'llary 12, 1915. To the.MINISTER oF WAR AND NAvY:
26
Neutrality Rules, Ohile.
of the facts. A file of documents will be formed in each case, in 'vhich will be contained the declaration of the interested parties and testimony, as well as other proof proper, to throw light on the question. The decisions made by the maritime authority should have only a provisional character. until their ratification by the Government. Information on the affair in progress will in no case be given to the press even under pretext of rectification or of prohibition of proceedings by the Government. To the Govern-ment alone belongs the duty of deciding what publication should be made.
Declaration of the Minister of Foreign Relations in referetwe to the supplying of coal to belligerent vessels of 'War in ports of Chile. January 23, 1915.
[Rev. Gen., Doc. 23: 16.]
MINISTRY OF FOREIGN RELATIONS, Santiago, January 23, 1915.
The maritime authorities should obtain by telegraph authoriza-tion from the superior naval authority before according to bel-ligerent vessels of 'var permission to load coal in Chilean ports, and these authorities, if they do not receive the authorization in sufficient time, should demand of the commander of the vessel a written declaration that the vessel has not taken on coal in a Chilean port during the last three months.
Decree of the Government of Chile tnodifying, in reference to ordinary and radio telegraph and telephone c01nmunication. articles 2 and 3 of the decree of December 30, 1914. January 25, 191'4.
[Rev. Gen., Doc. 23: 16.]
MINISTRY OF THE INTERIOR,
No. 213. Santiago, January 25, 191'5.
In view of the dispositions of the Telegraphic Convention of St. Petersburg (Petrograd) celebrated behveen the lOth and 22d of July, 1875/ and promulgated as a law of the Republic Novem-ber 2, 1909:
It is decreed:
The provisions of articles 2 and 3 of decree No. 6364 of Decem-ber 30 last, are modified in the following form :
1. Communications of diplomatic representatives and consular agents accredited to Chile, can be transmitted and received in cipher or conventional language 'vithout restriction and upon the principle of reciprocity.
2. Telegraphic communication of individuals in the country it-self or with neutral countries can be transmitted in conventional language or cipher.
;
Fuel to Merchant Vessels.
27
3. Telegraphic communication of individuals in cipher with belligerent countries can be carried on only by means of Keys A B C, fifth edition; Scott's Code, tenth edition; Bentley's Com-plete Phrase Code ; 'Vestern Union Code; Lieber's Code. Such
communicati~n will also be permitted to those whom the Govern-ment of Chile shall authorize on condition that the sender remit to the .appropriate administrative authority a translation of the telegram and. that the latter authorize its transmission, putting on the original cipher his authorization of transmission.
4. Telegraphic coininunication of individuals whether or not in cipher, which contains information on the situation, movements, or the operation of vessels of war, or of com1nerce of belligerent nations can not be transmitted. At the same time the agents of steamer companies or of commercial houses can transmit tele-graphs in cipher or in .a conventional language, in the country itself or with neutral countries, in reference to the movement of stea1ners or of merchant vessels.
Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government.
BARROS Luco.
PEDRO N. l\iONTENEGRO.
Note of the Jlinister of Foreign Relations to the Minister of War and Navy on the interpretation of the rule recorded in No.
4
of the decree of December 15, 1914, in reference to the supplying of fuel in Chilean ports to belligerent merchant vessels. March 19, 1915.[Rev. Gen., Doc. 23: 17.]
MINISTRY OF FOREIGN RELATIONS,
Santiago, llfarch 13, 191$. To the MINISTER OF WAR AND NAVY:
28
L
Veutrality Rules,
Ohile.
Note of the jfinister of Foreign Relations to the dipl01natic agents accredited to the Governn~ent of Chile in reference to the rec01,;. version of auxiliary vessels of the armed fleet into vessels of commerce. J,farch 15, 1915 .
To the 1\liNISTER :
. [Rev. Gen., Doc. 23: 17.]
1\IINISTRY OF FoREIGN RELATioNs,
Santiago, .. ~larch 15, 1915.
This ministry has examined ·with a particular interest the
question \Vhich has been subn1ittecl to it by the British Govern-ment in a note of February 4 last, relating to the possibility, for English merchant vessels which have served up till the present
as auxiliary vessels of the British fleet, to resume their status
of merchant vessels and to be treated in this capacity in the
Chilean jurisd1ctional ·waters.
The Second International Conference of Peace assembled at The Hague in 1907 authorized in convention vii the
transforma-tion of merchant vessels into vessels of ·war, determining at the same thne measures intended to prevent abuses especially in ref-erence to the reestablishment of the privateer, abolished by the Declaration of Paris of 1856.
But neither the said conference nor the London Naval
Confer-ence of 1909 ha-Ye regulated all the 1natters relative to maritilne
\var and notably that of the reconversion to merchant vessels of vessels which, having formerly had this character, have sub-sequently been converted into vessels of 'var or auxiliaries to the armed fleet.
Conformably to the general principles of international la\v the
governments of neutral countries can regulate cases not provided
for conventionally and apply in their jurisdictional \Vaters the
regulations \vhich they adopt. The preamble of convention xiii
of The Hague formally recognizes this right.
The Government of Chile desires to settle the question suggested
by the note above indicated according to the attitude of strict
neutrality adopted by it since the beginning of the war, and also
in conformity wi.th the general convenience of the American Conti-nent, since the great European conflict has demonstrated in an
evident manner that international rules should in the future take into consideration the particular conditions of this hemisphere.
Inspired by this idea, the Chilean Government sees no
incon-venience in admitting into the ports and jurisdictional waters of Chile and in treating in all respects as merchant vessels, vessels which have been auxiliaries of the fleet of one of the belligerent States, \vhen the said vessels fulfill the following conditions:
1. That the auxiliary vessel has not violated Chilean neutrality; 2. That the reconversion took place in the ports or
Reconversion of Vessels.
29
3. That this was effective; that is to say, that the vessel neither in its crew nor in its equipment gives evidence that it can be of serYice to the armed fleet of its country in the capacity of an auxiliary, as it was formerly;
4. That the Goyerntnent of the country to which the vessel
belongs communicates to all interested nations, and in particular to neutrals, the na1nes of auxiliary Yessels which have lost this status to resume that of merchant vessels; and
5. That the same Govern1nent give its word that the said
ves-sels are not in the future intended for the service of the armed fleet in the capacity of auxiliaries.
ALE.J ANDRO LIRA.
Decree of the Governntent of Chile 'regarding the official relations of foreign diplontatic agents and consuls with the administra-tive services of Chile. jJJarch 30, 1915.
[Rev. Gen., Doc. 23: 21.]
No. 320. SANTIAGO, JJ{a.rch 30, 1915.
Considering the convenience of regulating the official ·relations between the dipl01natic and consular functionaries, national or foreign, and the national administration, and follo\ving in this the established practice in other nations,
It is decreed:
1. No national or 1nunicipal serYice of any kind whatsoever can
entertain relations \Vith foreign diplomatic or consular repre-sentatives or with those of the Republic, nor solicit of them or furnish to the1n any information except through the intermediary of the 1ninister of foreign affairs to whom either should be ad-dressed.
2. In certain exceptional cases these relations can be estab-lished directly, but it will be necessary to obtain the express -consent of the tninister of foreign affairs and the authorization
of the minister or cognate superior authority.
3. No diplomatic or consular authority of the Republic can entertain relations of an official character with an institution, entity, or official authority of a State which is not included in his own jurisdiction, when a dipl01natic or consular representative of the Republic, who is the natural jntermediary, resides in that State.
Circular relating to radio communication, April, 1§)15.
[Rev. Gen., Doc. 23: 21.]
MR. CHARGE D'AFFAIRES :
MINISTRY OF FOREIGN RELATIONS,
Santiago, April, 191'5.
edl-30
N eu.trality
Rules, Ohile.
tion) ; l\ieyers Atlantic Code, thirty-ninth edition; and Code
A Z have been included among the telegraphic codes referred
to-in article 3 of decree No. 213 of January 25, last, of the same
ministry.
I reiterate to your excellency the assurance of my distinguished
consideration.
ALEJANDRO LIRA. To THE CHARGE n' AFFAIRES OF THE UNITED STATES oF AMERICA.
Decree of the Governn~ent of Chile on the supplying of fuel in the·
ports of Chile to belligerent merchant vessels making a direct
voyage to European ports following the decree of Decentber 15,
191'4, No . .j. :Jfay 11, 1915.
[Rev. Gen., Doc. 23: 21.]
SANTIAGO, },fay 11, 1'915.
Navigation companies which require coal in Chilean ports for·
vessels of belligerent flag which 'vish to make a direct voyage
to European ports should make, as a guaranty of the declared
destination of the fuel, a deposit of 5 livres sterling per ton of
coal loaded 'vithout prejudice to the responsibility established in
No. 2 of decree 2009 of December 15, 1914. The deposit 'vill be
restored on presentation of a certificate attesting the arrival of
the vessel at its declared destination in a proper time, which in
each case the maritime authority will determine. This. same
authority will fix the conditions which the certificate should
fulfill.
Reply of the Government of Chile to the :J!inister of Great Britain
at Santiago in reference to the request of the British
Govern-ment for the adm.ission in Chilean ports of rnerchant vessels
armed for defense. July 'i, 1915.
[Rev. Gen., Doc. 23: 24.]
SANTIAGO, July 'i, 1915.
SIR: I have had the honor of receiving the note of your legation
dated June 18 last in which your excellency desires to inform me
that the first British 1nerchant vessel armed for defense is ready
to leave England for Chile and that vessels in the same condition carry on co1nmerce regularly with Argentina, Brazil, Uruguay, United States, and Spain. Your excellency adds that conform-ably to the rules of international la'v in force every merchant vessel has the right to defend itself when attacked, without the means 'vith which it is provided for that purpose n1odifying its
"status" as a tnerchant vessel ·which is that under ;which it
sails; and that consequently the rules 'vhich govern auxiliary vessels of a fleet can not be applied to it.
com-Status of Armed Merchant Vessels.
3l
patible with its neutrality, permit it to continue its commerce· with the European countries. In accordance with these inten-tions I indicated to your excellency on the 15th of March last that my Government saw no inconvenience in admitting into its ports in the quality of merchant vessels, vessels which had been auxiliaries of the belligerent naval forces and which had
subse-quently resumed their character of merchant vessels so long as.
they fulfilled certain conditions guaranteeing the sincerity of their new conversion.
l\Iy Government is inspired to-day by the same standard for· settling the question \vhich your excellence wishes to propose
to-It in the note to which I reply.
The Chilean ports will receive merchant vessels armed for defense lvhen the respective Governments previously communicate to us the name of the vessel which travels under these conditions and also the route, roll of crew, list of passengers, and cargo, as well as the management and the armament of the vessel, demon-strating that it is in reality a question of a merchant vessel which is not intended to carry on hostile acts nor to cooperate· in the warlike operations of enemy fleets.
If an armed merchant vessel arrives without this previous
notice of the Governn1ent, it will be considered and treated as
suspicious. If, violating their declaration, these vessels engage· in operations of war against other merchant vessels without de-fense they will be forthwith considered and treated as pirates,
since the Government of the country under whose flag they fly
will have formally declared their exclusively commercial
char-acter by not incorporating them into its fleet of war.
ALEJANDRO LIRA.
CHINA.
Presidential mandate on the observance of neutrality during the· European war.
[Peking Gazette, Frfday, Aug. 7, 1914.]
PEKING, August 6, 1911,.
THE DECLARATION.
\Vhereas we are happily at peace with all sovereigns, powers,
and states;
And Yvhereas a state of war unhappily exists between
Austria-Hungary and Serbia, thereby involving many other European
powers in a state of war ;
And whereas by faith of treaties of friendship and commerce
we are on terms of friendship and amicable intercourse with each
of the powers ;
And whereas the aforesaid unhappy state of war will seriously
